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04-27-1994 ...... ..."" CITY OF EDGEW A TER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING APRIL 27, 1994 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:33 p.m., Wednesday, April 27, 1994 in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Ms. Lichter, Mr. Garthwaite, Ms. Agrusa (arrived at 6:38 p.m.), Mr. Hildenbrand and Chairman Fazzone. Mr. Hatfield was recorded as absent. Also present were Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney, and Sondra M. Pengov, Secretary. APPROVAL OF MINUTES: The minutes of March 30, 1994 were presented for approval. Mr. Masso moved to approve the minutes, seconded by Mr. Garthwaite. Motion CARRIED 5-0. Ms. Agrusa did not vote as she hadn't arrived as yet. NEW BUSINESS: AN-0394 - James C. and Rosemary Carder James C. and Rosemary Carder, owners of property located West of U.S. Hwy. #1 and South of Falcon Avenue requested annexation of their property into the City. Chairman Fazzone asked Mr. Karet to present staffs report. Mr. Karet said the applicant is requesting to annex a 0.91j: acre parcel, located on the west side of u.s. Hwy. #1 and Falcon A venue. Mr. Karet said the property is currently zoned B-4, General Commercial by the County which is similar to the City's B-3 Highway Service Business district. Mr. Karet said the applicant would like to change the land use designation to commercial and the zoning to B-3. Mr. Karet stated that staff supports the request and suggested the LDRA make a favorable recommendation to the City Council. Land Development and Regulatory Agency Regular Meeting April 27, 1994 ..... ....., There being no discussion from the Board members, Mr. Masso moved to approve the annexation request in accordance with staff's recommendation, seconded by Mr. Garthwaite. Motion CARRIED 6-0. Mr. Fazzone asked that the records show Ms. Agrusa had arrived and would be present for the meeting (arrived 6:38 p.m.). RZ-9402 - James C. and Rosemary Carder James C. and Rosemary Carder, owners of property located west of U.S. Hwy.#l and east and south of Falcon Avenue requested rezoning of their property from R-4, Multi-family district to B-3, Highway Service district. Ms. Storey, City Attorney, reminded the Chairman that they are operating under the revised rezoning procedures and that the meeting should be opened for public hearing at this time. Chairman Fazzone then opened the meeting for public hearing and asked Mr. Karet for staff comments. Mr. Karet said the zoning request covers the parcel mentioned in item AN-0394, and the surrounding property owned by the applicant. Mr. Karet said the request is to rezone a 5.9:!: acre parcel from R-4, Multi-family and County B-4, General Commercial to B-3, Highway Service Business district. Mr. Karet described to the Board the surrounding area as well as the zoning of those properties. Mr. Karet explained that a portion of the applicant's property is designated Commercial on the Future Land Use Map (FLUM) and the underlying zoning is R-4. He said this is an inconsistency that must be resolved in favor of the comprehensive plan and explained that the applicant's request to rezone to B-3 would be consistent with the comprehensive plan. Mr. Karet concluded by saying the criteria has been met and the Department of Community Development supports the applicant's request for amendment of the FLUM and the rezoning of the property. Mr. Karet said staff suggests that the LDRA make a favorable recommendation to the City Council. Ms. Lichter asked Mr. Karet if the applicant was made aware of buffer requirements in the B- 3 district. Mr. Karet replied that the applicants are made aware of the codes that effect their property . Chairman Fazzone asked Mr. Karet what the impact of driveways would be on Falcon A venue. Mr. Karet explained that the Board was making a general use decision as opposed to a site plan approval. Driveway locations are normally not discussed at the time of rezomng. Land Development and Regulatory Agency Regular Meeting April 27, 1994 Page - 2 ~ .."",. William I. King. 422 Sandpiper Drive - Mr. King shared the concerns of a possible traffic problem as Falcon A venue is a narrow curved street. There being no additional questions the public hearing was closed. Mr. Masso moved to grant the request based on staffs recommendation, seconded by Mr. Garthwaite. Discussion followed by Ms. Lichter regarding the possible traffic problem, she felt a survey should be conducted. Chairman Fazzone asked for a vote on the motion. The motion CARRIED 6-0. RZ-9401 - Pelican Cove West Recreation Center. Inc. Pelican Cove West Recreation Center, Inc., is requesting rezoning of their property from R-4, Multi-family district to B-3, Highway Service Business district. The property is located at 299 Falcon Avenue. Chairman Fazzone opened the meeting for public hearing and asked Mr. Karet for staffs report. Mr. Karet said the request is to rezone a 0.85:!: acre developed parcel that contains a 2,100 square foot club house and pool that are an accessory to the Pelican Cove West Subdivision. Mr. Karet also described the surrounding areas and land designations. Mr. Karet stated the applicant's request to change to the B-3, Highway Service Business district is not appropriate for this type of use, because the intent of this district is to provide a location for uses which need to locate on roads carrying large volumes of traffic. Mr. Karet said the B-2, Neighborhood Business district would be more appropriate. He also suggested another alternative to consider is a text amendment that would allow home owners associations to rent out club house/recreation centers to members of the general public. Mr. Karet said the comprehensive plan indicates that small commercial uses should be sited in locations along arterial roads and collectors. He said Falcon Avenue functions as a collector, picking up traffic from access roads within the Pelican Cove West Subdivision, therefore, it would not be inconsistent with the comprehensive plan to amend the FLUM as requested by the applicant. Mr. Karet concluded by saying, based on the criteria, the Department of Community Development supports a commercial use of the applicant's land and that staff Land Development and Regulatory Agency Regular Meeting April 27, 1994 Page - 3 ......... ...", recommends a rezoning to the B-2 district rather that the B-3 as requested by the applicant. Mr. Karet reminded the Board that they may wish to consider a text amendment instead. Mr. Masso asked if a text amendment would make all club houses open to the public. Mr. Karet responded no, it would make them available if desired. Chairman Fazzone said he is opposed to a text amendment as the existing clubhouses may be in areas that may need investigation before giving them the opportunity to open to the public. Chairman Fazzone said he would rather change the zoning on a case-by-case judgement, of which Mr. Masso agreed. Chairman Fazzone also inquired about the increase in traffic if this is rezoned to B-2. Mr. Karet said potentially yes, there would be additional traffic that may also affect parking, etc. Chairman Fazzone asked the applicant for her response. Connie Cribbs. 414 Sea Gulf Ct. - Ms. Cribbs said she is available to answer questions. Mr. Garthwaite asked what kind of activities would be held in the club house. Ms. Cribbs said weddings, receptions, birthday parties, etc. Chairman Fazzone asked if the abutting neighbors of the club house have any criticism. Ms. Cribbs stated they are all members of the association. There being no additional discussion, Chairman Fazzone closed the public hearing. Mr. Garthwaite moved to recommend to Council to rezone the property to the B-2 district from the R-4 district based on staffs recommendation, seconded by Ms. Lichter. Motion CARRIED 6-0. OLD BUSINESS: B-2. Nei2:hborhood Business District A-) Discussion, public comments, and possible decision relating to area surrounding Hibiscus and Guava Drives. Chairman Fazzone asked Mr. Karet to give a presentation. Mr. Karet made reference to the Land Development and Regulatory Agency Regular Meeting April 27, 1994 Page - 4 ...... ....,. new maps (provided in the packet) of the proposed industrial change explaining the shaded areas would become industrial and those not shaded would remain the same. Mr. Karet explained the process for this change and said this process would be lengthy. Chairman Fazzone asked if the areas proposed to be changed to industrial are properly buffered? Mr. Karet said as vacant land is developed the property owner will be required to do the proper buffering. Mr. Karet explained there are presently many industrial uses in the B-2 district and their potential growth is limited as they are already developed. Ms. Lichter expressed concern with noise, safety and appearance regarding the unbuffered properties on Guava Drive. Chairman Fazzone said there is a 25 foot canal that is heavily wooded and feels that it eliminates the buffering problem. He also mentioned the fact that there is a 15 foot alley on Hibiscus Drive that separates the R-IB and R-4 district that acts as somewhat of a buffer. Mr. Garthwaite asked if an existing business would have to comply with the 25 foot buffer requirement. Mr. Karet replied no, not if it is already developed. Chairman Fazzone asked for public comments. Gary Roberts. Pine Tree Drive - Mr. Roberts said he feels the proposal is good and said he believes we need to encourage growth and job creation. Mr. Roberts also suggested creating an industrial park district with a landscaped area. Doris Hill. 112 Lincoln Road - Expressed concern with who is setting the direction in which the City is moving. She said zoning is being changed before the Land Regulations are written, and the comprehensive plan is being changed before the direction is ascertained. She felt the cart is being put before the horse. Bud Roberts. 423 N. Riverside Drive - Mr. Roberts said he is a property owner on Hibiscus Drive and has many concerns with the Hibiscus and Guava Drive area. Mr. Roberts strongly stated he thinks the City should do more to clean-up the area, and felt rather that buffering with a canal, the use of fence or trees would be more appropriate. Mr. Roberts finished by saying the City should clean-up the area, then do the re-zoning. Mr. Garthwaite asked Mr. Karet if Council made a decision to eliminate patrolling of the code enforcement officer to a call in complaint basis only. Mr. Karet replied, yes. Land Development and Regulatory Agency Regular Meeting April 27, 1994 Page - 5 ...... ""'" Mr. Garthwaite also asked if the City has a list of businesses on Hibiscus and Guava Drives that qualify as industrial who do not have screening or buffers. Mr. Karet said there is no list of that type. Mr. Masso asked Mr. Karet what direction is needed from the Board. Mr. Karet said he needs some direction in regard to whether a comprehensive plan amendment will be sent to the Councilor does the Board require additional information. Mr. Masso felt more public input was necessary. Again, Mr. Bud Roberts stated he doesn't feel that anything should be done at this time, the area should be cleaned up first. Mr. Gary Roberts expressed the need for code enforcement and thinks the zoning change should be done in conjunction with code enforcement, then made various suggestions for cleaning up the area. Dick Jones. 1530 Sabal Palm - Mr. Jones also expressed his view point of the B-2 district, saying the roads are very poor and code enforcement is needed. Joe Martin. Air Park Road - Mr. Martin agreed with the public comments and discussed creating a community re-development area (CRA). After additional discussion Mr. Masso moved to agree with staffs recommendation to rezone the noted areas on Guava and Hibiscus Drives to 1-1, Light Industrial as well as doing a comprehensive plan amendment, seconded by Ms. Lichter. Motion CARRIED 6-0. Ms. Lichter moved to have Mr. Karet draft a letter to Council regarding the public's concern with code enforcement within the B-2 district of Guava and Hibiscus Drives, seconded by Mr. Garthwaite. Motion CARRIED 6-0. Chairman Fazzone called for a recess at 8:35 p.m. Meeting resumed at 8:44 p.m. Western Annexation A-) Discussion and possible decision regarding the annexation of 1,609 acres of land into the City. Land Development and Regulatory Agency Regular Meeting April 27, 1994 Page - 6 .... ..", Chairman Fazzone asked Mr. Karet for staffs comments. Mr. Karet said this is a request to annex 1,609 acres into the City. Mr. Karet said the maps provided in the Board packets depicts the lands proposed for annexation. Mr. Karet pointed out that all of the land in the annexation is voluntary and consists of 20 separate owners as well as the City of Edgewater. He also said, the properties involved will be allowed to keep their existing uses. Mr. Karet then reviewed the agreements made with the property owners and the City. Mr. Karet stated the most important features of the annexation is that it will bring Edgewater's wellfields under the City's control and the assessed value of the lands involved is approximately $2.8 million, that if approved will be included in the City's tax base next year. Chairman Fazzone inquired about the borrow pit of which Mr. Karet explained approximately how long it will be in existence. Ms. Lichter questioned the rural residential designation which Mr. Karet responded. There was discussion concerning the keeping of horses. Mr. Masso moved to recommend approval of the annexation to Council based on staffs comments, seconded by Mr. Garthwaite. Motion CARRIED 6-0. Land Develooment Re2ulations A-) Review of Chapter Associated with Variances. Ms. Storey had presented, in the Board packet, a revised chapter on variances of which the Board had questions and comments. Ms. Storey said portions of the administrative sections (that have been approved by the LDRA) will be presented to the Council for approval. After brief discussion Mr. Masso moved to recommend approval of the revised chapter on variances to the Council, seconded by Mr. Hildenbrand. Motion CARRIED 6-0. DISCUSSION ITEMS: A. Community Director's Report Mr. Karet said the LDR's are being worked on and portions will be brought to the City Council and VCARD. Land Development and Regulatory Agency Regular Meeting April 27, 1994 Page - 7 ....,. ...", Mr. Karet also said Lynne Plaskett, Assistant Director of Community Development will probably be at next months meeting as he won't be here. B. Chairman's Report Chairman Fazzone asked the status of the Sign Ordinance. Mr. Karet said as the agenda was so large there wasn't enough time to resolve all the issues, however staff is continuing to work on it. Chairman Fazzone reminded the Board to respond to the memo from the City Manager regarding the Community Survey. C. Agency Members Report None at this time. ADJOURNMENT: There being no additional business to come before the Board a motion was made and approved to adjourn. The meeting adjourned at 9:35 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Secretary Land Development and Regulatory Agency /SMP Land Development and Regulatory Agency Regular Meeting April 27, 1994 c:\ldra\minutes\42794 Page - 8